Maternity/Paternity Leave

The McIlveen Family Law Firm is firmly committed to protecting the rights of expectant mothers and complying with Title VII of the 1964 Civil Rights Act as amended by the Pregnancy Discrimination Act of 1978. The McIlveen Family Law Firm policy is to treat women affected by pregnancy, childbirth or related medical conditions in the same manner as other employees unable to work because of their physical condition in all employment aspects, including recruitment, hiring, training, promotion, and benefits.

Further, the McIlveen Family Law Firm fully recognizes eligible employees’ rights and responsibilities under applicable state and local family leave laws, and the Americans with Disabilities Act.

Pregnant employees may continue to work until they are certified as unable to work by their physician. At that point, pregnant employees are entitled to take leave in accordance with the Maternity/Paternity Paid/Unpaid Leave policy. Employees may also receive benefits if they have purchased a short-term disability insurance plan.

When the employee returns to work, she is entitled to return to the same or equivalent job with no loss of service or other rights or privileges. Should the employee not return to work when released by her physician, she will be considered to have voluntarily terminated her employment with the McIlveen Family Law Firm.

The Family and Medical Leave Act of 1993 (FMLA) does not apply to businesses with less than 50 employees. However, the McIlveen Family Law Firm does provide for Maternity/paternity leave. Maternity/paternity leave under this policy is a paid leave associated with the birth of an employee’s own child or the placement of a child with the employee in connection with an adoption or foster care.

Eligible employees must be employed by the McIlveen Family Law Firm at least twelve (12) months (but this period need not be consecutive) and have worked at least 1500 hours of service during the twelve-month period prior to the request.

An employee may take up to six weeks of leave total under the Maternity/Paternity Paid/Unpaid Leave Policy. The employee must provide 90 days’ notice (or as much notice as practicable if the leave is not foreseeable) to the Office Manager of the request for leave and complete the necessary forms and filed with the Office Manager.

Maternity/paternity leave is not charged against the employee’s paid time off credits, and the amount of paid days received is three weeks.

The paid leave is compensated at the following levels:

• One full year of service – 40% of salary.

• After two full years of service – 60% of salary.

• After five full years of service – 100% of salary.

After the paid maternity/paternity leave is exhausted, the employee may use their accumulated paid time off. Depending on the job performed by the employee, the employee may be able to work from home. Employees interested in working from home during part of the leave should discuss this option with the employee’s supervisor. All work from home decisions will be made on a case-by-case basis. The McIlveen Family Law Firm has the final decision-making power on any requests to work from home. All leave taken after the employee has exhausted the three weeks of paid leave and any accumulated paid time off will be unpaid.

Health Reimbursement Account benefits will continue to be provided during the paid maternity/paternity leave under this policy at the same rate as in effect before the leave was taken regardless of the length of service.

If both parents are employees, only one may access the paid benefits of this policy. Temporary and part-time employees are not eligible for maternity/paternity leave.